HARRY HUGHES, Governor

3149

(c) (1) If a defendant is to be held in custody for
examination under this section, the defendant [shall] MAY be
confined in a jail until the Department can [do] CONDUCT the
examination. If the court finds it appropriate for the health or
safety of the defendant, the court may order confinement[:

(i) In]IN a medical wing or other isolated and
secure unit of the jail[; or

(ii) If a medical wing or other unit is not
available, in a medical facility that the Department designates
as appropriate.

(2) (i) When the Department can do the examination, a
court agency shall take the defendant to the evaluation facility
that the Department designates.

(ii) After the examination, unless the
Department retains the individual, a court agency shall return
the defendant to the place of confinement].

(2)  (I) IF THE COURT FINDS THAT, BECAUSE OF THE
APPARENT SEVERITY OF THE MENTAL DISORDER OR MENTAL RETARDATION, A
DEFENDANT IN CUSTODY WOULD BE ENDANGERED BY CONFINEMENT IN A
JAIL, THE COURT MAY ORDER THAT THE DEPARTMENT, IN THE
DEPARTMENT'S DISCRETION:

1.  CONFINE THE DEFENDANT, PENDING
EXAMINATION, IN A MEDICAL FACILITY THAT THE DEPARTMENT DESIGNATES
AS APPROPRIATE; OR

2.  IMMEDIATELY CONDUCT A COMPETENCY
EXAMINATION OF THE DEFENDANT BY A COMMUNITY FORENSIC SCREENING
PROGRAM OR OTHER AGENCY THAT THE DEPARTMENT FINDS APPROPRIATE.

(II) A COURT AGENCY SHALL TRANSPORT THE

DEFENDANT TO THE DESIGNATED EVALUATION FACILITY AND, UNLESS THE
DEPARTMENT RETAINS THE DEFENDANT, A COURT AGENCY THE DEFENDANT
SHALL BE PROMPTLY RETURN THE DEFENDANT RETURNED TO THE COURT
AFTER THE EXAMINATION.

(3)  A defendant who is held for examination under
this section may question at any time the legality of the
detention by petition for a writ of habeas corpus.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.